SATNAM SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) IN this writ petition, the relief sought for by the writ petitioner is that tender Notice No. S&C;/32(3)/J&K; STG/2003 -04 be quashed.

(2.) IN brief the facts are that Food Corporation of India, Jammu invited tenders for transportation of FCI stocks to various Centres within the State of Jammu and Kashmir. According to the petitioner his firm is dealing in transportation business in the State and was also keen to submit tender, but has not been able to do because of the clauses 4 and 5 of he tender notice whereby the earnest money to the tune of Rupees 1.19 Crores in the shape of Demand Draft has been demanded at the time of submission of tender and the successful tenderer is required to furnish a Security Deposit of Rupees 4.15 Crores.

(3.) THE case of the petitioner is that clauses 4 and 5 are arbitrary and have been incorporated only to favour some persons, thereby depriving the petitioner to compete. At the time of hearing of the writ petition, learned counsel for the petitioner submitted that no justification whatsoever has been given by the respondents in their objections for fixing such an exhorbitant earnest money and the security deposit.